Urgent !!!

[Praveen Varma]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

 

[Skitz]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

I responded to you on the NDVO thread, but I hope you get additional suggestions from more eperienced members who have been through something like this.

I am a little confused in that she or her lawyer did not apply for sole custody for her child at the time of the divorce proceedings. If she did apply, and was one not issued by the court at the time of divorce?

Usually a sole child custody document issued by the court is accepted by CIC - if that is not available, they need the ex-spouse to sign an approval permitting the child to move to another country (i think there maybe a form for it too on the CIC website).

You might also need to engage a lawyer to apply at a family court to award sole custody to your wife for her daughter or failing that get an approval from her ex-spouse for moving the child to Canada. Has NDVO given you a deadline for submission of these documents? The family courts in India (assume your wife resides in the country) are pretty slow but a lawyer maybe able to expedite it depending on where it is filed.

 

[Praveen Varma]

I responded to you on the NDVO thread, but I hope you get additional suggestions from more eperienced members who have been through something like this.

I am a little confused in that she or her lawyer did not apply for sole custody for her child at the time of the divorce proceedings. If she did apply, and was one not issued by the court at the time of divorce?

Usually a sole child custody document issued by the court is accepted by CIC - if that is not available, they need the ex-spouse to sign an approval permitting the child to move to another country (i think there maybe a form for it too on the CIC website).

You might also need to engage a lawyer to apply at a family court to award sole custody to your wife for her daughter or failing that get an approval from her ex-spouse for moving the child to Canada. Has NDVO given you a deadline for submission of these documents? The family courts in India (assume your wife resides in the country) are pretty slow but a lawyer maybe able to expedite it depending on where it is filed.

Yes there is a deadline stating failing to submit the documents might result in refusal of application. It will take longer than the deadline if we apply for it now. Is there any other option like submitting an affidavit or requesting for extension to get the court document.

 

[IvoryX]

Request for the extension of the deadline with reasons. They may be able to extend it.

In the mean time, do whatever you can and document all your effort for it (for instance, start family court proceeding, hiring lawyers, trying to locate the ex etc.) as they will be the evidence of your effort in meeting the requirement. You need to consult with a family lawyer in the jurisdiction to for proper legal advice.

Ivory

 

[SaskinSeoul]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

After 30 days they will send your application back if you don't give them an explanation or the paper they asked for. Happens all the time another guy got his application returned because he forgot one date on one paper.